Book Description

Compliance to the Prevention of Sexual Harassment Act of 2013 (POSH), is MANDATORY for all companies employing 10 or more employees. It is applicable to every workplace, establishment, Company or organization with more than 10 employees. POSH compliance disclosure now part of annual Director Report filed with ROC. The Ministry of Corporate Affairs, via a Notification dated July 31, 2018, amended the Companies (Accounts) Rules 2014. By this amendment, it is now mandatory to disclose that the company has implemented the provisions of POSH. It is now compulsory for a company to make a statement in the Director's Report. Non-compliance with POSH in terms of failure to constitute an ICC can cost an employer a monetary penalty, apart from attracting penalties for non-disclosure in the Director's Report. Repeat offenders have been liable to severe punitive action that may even include, cancellation/non-renewal/withdrawal of registration/license required for carrying on business.Every single incidence of compensation being sought by the aggrieved woman can cost you in crores besides the damage to your reputation and your brand. The National Commission for Women state that about 2 women were harassed at their workplace in India every day in 2017. There has been a 45% rise in sexual harassment cases at workplaces in the past 3 years. In a survey conducted by the Indian Bar Association in 2017, 70% of 6,047 women stated that they did not report sexual harassment by superiors because they feared the repercussions. This reference guide is to assist you to be compliant to POSH in letter and spirit and thereby minimizing the risk to your business.